HomeMy WebLinkAboutMinutes 1984-06-13Mayor Mark N. Addiego
Vice Mayor Richard A. Haffey
Council:
Emanuele N. Damonte
Gus Nicolopulos
Roberta Cerri Teglia
AGENDA
CALL TO ORDER: (Cassette No. 1)
ROLL CALL:
PLEDGE OF ALLEGIANCE:
PRESENTATIONS
Schumacher School of Dance
AGENDA REVIEW
City Manager Birkelo requested:
- Item No. 28 be carried over to
the next meeting.
- Request to adjourn this meeting
to 6/18/84 or 6/19/84 for the
discussion of the performance
pay plan with Mr. Si pel and a
Closed Session for Unit No. 1.
ORAL COMMUNICATIONS
COMMUNITY FORUM
MINUTES
City Council
Municipal Services Building
Community Room
June 13, 1984
127
ACTION TAKEN
7:38 p.m. Mayor Addiego presiding.
Council present:
Council absent:
Nicolopulos, Haffey,
Damonte, Teglia and.
Addiego.
None.
Recited.
Mayor Addiego stated that the Schumacher
School of Dance had competed in the State
competition in Santa Clara and had won
many trophies for their fine efforts. He
was presented a T-shirt on which was
written "Gotta Dance," Schumacher School
of Dance.
AGENDA REVIEW
So ordered.
ORAL COMMUNICATIONS
Mr. Lawrence Pera, 758 Baden Ave., spoke
of the debris in the alleys from throw
away papers.
COMMUNITY FORUM
Mayor Addiego stated that he had received
a letter from Supervisor Speier that
spoke of her pleasure in being part of
the appropriation of HCDA Funds for
housing areas, park accesses for the han-
dicapped, funds for the rehabilitation of
Spruce Gym, etc.
6/13/84
Page i
AGENDA
ACTION TAKEN
128
COMMUNITY FORUM
CONSENT CALENDAR
Minutes of the Adjourned Regular
Meeting of 5/14/84, Adjourned
Regular Meeting of 5/16/84 and the
Regular Meeting of 5/23/84.
Staff Report 6/13/84 recommending
by Motion to deny and refer the
following claims to the City's
Insurance Adjuster and to the
Office of the City Attorney:
a)
Claim as filed by john Houston
Scott, Esq., on behalf of
Fernando Gal 1 o al 1 egi ng depri-
vation of claimant's rights,
physical and emotional injuries
as the result of an incident
involving members of the South
San Francisco Police
Department.
b)
Claim as filed by Simon Basques
alleging costs incurred when
his truck was sprayed with
cement during the repair of a
City sidewalk.
c)
Claim as filed by Ula Marie
Long alleging bodily injury due
to poor lighting.
e
Staff Report 6/13/84 recommending
adoption of a Resolution approving
a revocable license with Pet Air.
A RESOLUTION AUTHORIZING EXECUTION
OF A REVOCABLE LICENSE AGREEMENT
Staff Report 6/13/84 recommending
by Motion to set a Public Hearing
for 7/11/84 on the Draft EIR for
Gateway Boulevard Extension and the
addition of 700 hotel rooms to the
Gateway Redevelopment Project area.
COMMUNITY FORUM
He introduCed Assistant to the City
Manager Mark Lewis who had been newly
hired from Alaska and spoke of his
background in City and State Government.
He presented him with various literature
on the City and a voter registration
form.
Approved.
So ordered and Councilwoman Teglia
requested an explanation from the City
Attorney on item number 2c. in Closed
Session.
RESOLUTION NO. 72-84
Removed from the Consent Calendar for
discussion by Councilwoman Teglia.
Page 2
AGENDA ACTION TAKEN 129
CONSENT CALENDAR
Staff Report 6/13/84 recommending
adoption of a Resolution approving
plans and specifications, author-
izing the work and calling bid for
the Cuesta to Arroyo Sewer
Construction Project No. SD-83-5.
A RESOLUTION APPROVING PLANS AND
SPECIFICATIONS, AUTHORIZING THE
WORK AND CALLING BIDS FOR THE
CUESTA TO ARROYO SEWER CONSTRUCTION
PROJECT NO. SD-83-5
Ge
Staff Report 6/13/84 recon~nending
adoption of a Resolution for the
award of contract for the Brentwood
Parking Lot Renovation Project
No. PB-81-4.
A RESOLUTION OF AWARD OF CONTRACT
FOR THE BRENTWOOD PARKING LOT
RENOVATION PROJECT NO. PB-81-4
e
Staff Report 6/13/84 recommending
by Motion to accept as complete the
Effluent Pump Station Control
System Modifications Project No.
WTP-82-1 in accordance with the
approved plans and specifications.
0
Staff Report 6/13/84 recommending
by Motion to set a Public Hearing
for 6/27/84 for Revenue Sharing.
Staff Report 6/13/84 recommending
by Motion to approve building per-
mit determinations {landmarks) of
5/22/84 and 5/29/84.
10.
Adoption of a Resolution commending
Patrick A. Dunleavy on his retire-
ment.
A RESOLUTION COMMENDING PATRICK A.
DUNLEAVY
11.
Staff Report 6/13/84 recommending
adoption of a Resolution approving
and authorizing execution of an
agreement with PG&E for under-
grounding electric facilities in
RESOLUTION NO. 73-84
Removed from the Consent Calendar for
discussion by Councilwoman Teglia.
Approved.
Public Hearing set for 6/27/84.
Approved.
Removed from the Consent Calender for
discussion by Mayor Addiego.
6/13/84
Page 3
AGENDA ACTION TAKEN 130
~CONSENT CALENDAR
11. Staff Report - Continued.
the Gateway Underground Utility
District No. 1.
A RESOLUTION APPROVING AND
AUTHORIZING EXECUTION OF AN
AGREEMENT WITH PG&E FOR
UNDERGROUNDING ELECTRIC FACILITIES
IN THE GATEWAY UNDERGROUND UTILITY
DISTRICT NO. 1
12.
Staff Report 6/13/84 recommending
adoption of a Resolution desig-
nating the intersection of Cuesta
Drive and Verano Drive as an inter-
section at which vehicles are
required to stop.
A RESOLUTION AMENDING RESOLUTION
3812, AS AMENDED, WHICH ESTABLISHES
CERTAIN TRAFFIC REGULATIONS IN
ACCORDANCE WITH CHAPTER 11.28 OF
SOUTH SAN FRANCISCO MUNICIPAL CODE
Staff Report 6/13/84 recommending
by Motion to set a Public Hearing
for 7/11/84 on the Draft EIR for
Gateway Boulevard Extension and the
addition of 700 hotel rooms to the
Gateway Redevelopment Project area.
e
Staff Report 6/13/84 recommending
adoption of a Resolution for the
award of contract for the Brentwood
Parking Lot Renovation Project
No. PB-81-4.
A RESOLUTION OF AWARD OF CONTRACT
FOR THE BRENTWOOD PARKING LOT
RENOVATION PROJECT NO. PB-81-4
CONSENT CALENDAR
RESOLUTION NO. 74-84
Removed from the Consent Calendar for
discussion by Mayor Addiego.
M/S Teglia/Damonte - To approve the
Consent Calendar with the exception of
Items No. 4, 6, 10 and 12.
Carried by unanimous voice vote.
Councilwoman Teglia questioned when
Council would receive the draft EIR.
City Manager Bi rkelo stated that he had
received the document today and would
place it in Council's Friday packet.
M/S Teglia/Haffey - To set 7/11/84 as a
Public Hearing on the Draft EIR for the
Gateway Boulevard Extension.
Carried by unanimous voice vote.
Councilwoman Teglia questioned why this
was being done as an Assessment District.
City Manager Birkelo stated that this was
an informal assessment project which
could proceed more quickly and would be
less expensive.
6/13/84
~t~x~ Page4
AGENDA ACTION TAKEN
6. Staff Report - Continued.
10.
Adoption of a Resolution commend-
ing Patrick A. Dunleavy on his
retirement.
A RESOLUTION COMMENDING PATRICK A.
DUNLEAVY ~C\"~I ~'~
J~¢q 'r
12.
Staff Report 6/13/84 recommending
adoption of a Resolution desig-
nating the intersection of Cuesta
Drive and Verano Drive as an inter-
section at which vehicles are
required to stop.
A RESOLUTION AMENDING RESOLUTION
3812, AS AMENDED, WHICH ESTABLISHES
CERTAIN TRAFFIC REGULATIONS IN
ACCORDANCE WITH CHAPTER 11.28 OF
SOUTH SAN FRANCISCO MUNICIPAL CODE
APPROVAL OF BILLS
13.
Approval of the Regular Bills of
RECESS:
RECALL TO ORDER:
14. Staff Report 6/13/84 recommending
adoption of a Resolution author-
izing execution of a trust
agreement wi th Robert O. Ellison.
A RESOLUTION AUTHORIZING EXECUTION
OF A TRUST AGREEMENT WITH ROBERT O.
ELL ISON
M/S Teglia/Haffey - To adopt the
Resolution.
RESOLUTION NO. 75-84
Carried by unanimous voice vote.
Mayor Addiego read aloud the Resolution
commending Mr. Dunleavy.
M/S Teglia/Haffey - To adopt the
Resolution.
RESOLUTION NO. 76-84
Carried by unanimous vote.
Mayor Addiego stated this item had arisen
from a citizen's complaint to Vice Mayor
Haffey and commended him for expediting
the matter.
M/S Addiego/Haffey - To adopt the
Resolution.
RESOLUTION NO. 77-84
Carried by unanimous voice vote.
APPROVAL OF BILLS
M/S Damonte/Haffey - To approve the
Regular Bills in the amount of
$1,699,419.04.
Carried by unanimous voice vote. Mayor
Addiego did not participate or vote in
the matter of the claim of Brentwood Market.
Mayor Addiego declared a recess at 8:00
p.m.
Mayor Addiego recalled the meeting to
order at 8:21 p.m., all Council present.
CITY ATTORNEY
City Attorney Rogers stated that this was
a trust agreement with Bank of America as
the trustee and paying agent. He stated
that as the bond interest came due the
Bank would hold it for four years and if
no one el se came forward to claim the
interest, it was Mr. Ellison's.
6/13/84
Page 5
AGENDA ACTION TAKEN 132
CITY ATTORNEY
14. Staff Report- Continued.
CITY MANAGER
15.
Staff Report 6/13/84 recommending
adoption of a Resolution author-
izing execution of an agreement for
funding the Oyster Point
Separation with Richard Diodati.
A RESOLUTION AUTHORIZING EXECUTION
OF AGREEMENT FOR FUNDING OYSTER
POINT SEPARATION
COMMUNITY DEVELOPMENT
16.
Public Hearing - Ordinance
repealing Section 20.72.280 of the
Municipal Code and Section 5.6(g)
of Ordinance No. 353, as amended,
related to improvements to non-
conforming buildings (ZA-84-27).
Staff Report 6/13/84 recommending:
1) Open the Public Hearing and hear
testimony;.2) Close the Public
Hearing; 3) Motion to approve
CITY ATTORNEY
Councilman Nicolopulos stated that this
was a safeguard in that the bonds had
been misplaced or stolen and that this
was to protect Mr. Ellison.
M/S Damonte/Haffey - To adopt the
Resolution.
RESOLUTION NO. 78-84
Carried by unanimous voice vote.
CITY MANAGER
City Manager Birkelo stated that the
Council at the last meeting had adopted
the formula funding for this project and
that this agreement included the formula
as an exhibit. He continued, Exhibit E
and Exhibit E1 had been handed to the
Council this evening and showed how the
calculations had been applied. He stated
that the only unique thing was that there
were three different payments from Mr.
Diodati, i.e., $600,000 (which was
already in hand); $300,000 in 1985; and
$200,000 plus in 1986 - all subject to
the uses generally remaining as they
were. He recommended that the Council
approve the Resolution authorizing execu-
tion of the agreement.
M/S Haffey/Damonte - To adopt the
Resolution.
RESOLUTION NO. 79-84
Carried by unanimous voice vote.
COMMUNITY DEVELOPMENT
City Clerk Battaya read the title of the
Ordinance in its entirety.
Mayor Addiego opened the Public Hearing.
Senior Planner Christians stated that the
Planning Commission on 5/10/84, by
Resolution, had recommended that the
Council adopt this Ordinance which
repeals Section 20.72.280 of the
Municipal Code and Section 5.6(g) of
6/13/84
Page 6
AGENDA ACTIO, T KE, 122
--COMMUNITY DEVELOPMENT
16. Public Hearing - Continued.
Negative Declaration No. 447; 4)
Motion to waive further reading of
the Ordinance; 5) Motion to intro-
duce the Ordinance.
1st Reading/Introduction
AN ORDINANCE REPEALING SECTION
20.72.280 OF THE SOUTH SAN
FRANCISCO MUNICIPAL CODE AND
SECTION 5.6(g) OF ORDINANCE NO. 353
ENTITLED "THE ZONING ORDINANCE OF
THE CITY OF SOUTH SAN FRANCISCO" AS
AMENDED BY ORDINANCE NO. 684
17.
Staff Report 6/13/84 recommending:
1) Brief arguments from City Staff
and the Applicant; 2) Hear public
comment; 3) Motion to revoke
UP-83-657, Anthony Valencia, for an
auto salvage and parts storage
facility at 150 Harbor Way in the
M-2 Heavy Industrial Zone District;
4) Direct the City Clerk to prepare
a minute order.
COMMUNITY DEVELOPMENT
Ordinance No. 353 as amended. He stated
that Section 20.72.280 limits the extent
of ordinary maintenance, repair or minor
alterations to any non-conforming
buildings; limits these repairs to 25% of
the appraised value of any commercial,
and land use; and 50% of the appraised
industrial and multiple-family building
value of any non-conforming single family
residential building during any one-year
period. He stated that these limita-
tions, particularly the 25% limit for
commercial uses, may be discouraging
repair and remodeling of buildings in the
downtown area and that other Municipal
Code sections which prohibit the expan-
sion, change, etc. He stated that
because of the other sections, adequate
control of non-conforming buildings will
be retained.
Mayor Addiego invited those wishing to
speak in favor of the Ordinance to step
to the dais - no one chose to speak. He
then invited those wishing to speak
against the Ordinance to step to the dais
- no one chose to speak, he then closed
the Public Hearing.
M/S Nicolopulos/Haffey - To approve
Negative Declaration No. 447.
Carried by unanimous voice vote.
M/S Nicolopulos/Damonte - To waive
further reading of the Ordinance.
Carried by unanimous voice vote.
M/S Nicolopulos/Haffey - To introduce the
Ordinance.
Carried by unanimous voice vote.
Mayor Addiego announced that a court
reporter would be making a transcript of
this item (the verbatim transcript is on
file in the City Clerk's Office for
public perusal and as a permanent record
of the Office) as well as Item No. 20.
6/13/84
Page 7
AGE"DA ACTIO" TAKE"
~COMMUNITY DEVELOPMENT
17. Staff Report - Continued.
COMMUNITY DEVELOPMENT
City Attorney Rogers stated that the
Council should be making a determination
based on the facts contained in the two
volume record and then hear arguments.
Senior Planner Christians presented the
Staff Report detailing the background of
UP-83-657 for an auto salvage and parts
storage facility at 150 Harbor Way in the
M-2 Industrial Zone District; the various
use permit violations; and non-compliance
with special conditions nos. 1, 2, 4, 5,
8 and 9. He stated that the recommen-
dation from the Planning Commission was
revocation of UP-83-657 based on the
record of the transcript, the arguments
and three findings in the Staff Report.
Mr. Derek Goulding, representing Mr.
Valencia, requested that his client be
allowed to make a statement. He spoke in
detail of the nine special conditions
imposed on Mr. Valencia and his efforts
to comply with the conditions; resulting
hardship in trying to secure a loan with
the revocation proceedings eminent. He
spoke of the expense to his client of
meeting all of the conditions when there
was a strong possibility of his use per-
mit being revoked which would put him out
of business. He strongly petitioned the
Council not to revoke Mr. Valencia's use
permit.
Mr. Tony Valencia spoke of his many years
in business in South San Francisco and
the good work his company had done to
help the police and fire departments in
cleaning up abandoned cars; loaning the
cars to police to use for undercover
work, etc. He felt that he had not been
given adequate time to meet the con-
ditions and pointed out that several
big contractors were often given exten-
sions by the Council. He stated that
he would not like to see this matter go
to court and asked the Council to
search their conscience before deciding
on this matter.
A lengthy discussion ensued on the spe-
cial conditions; the amount of time given
Mr. Valencia to comply with the
6/13/84
Page 8
AGENDA ACTION TAKEN I25
COMMUNITY DEVELOPMENT
17. Staff Report - Continued.
(Cassette No. 2)
RECESS:
RECALL TO ORDER:
COMMUNITY DEVELOPMENT
conditions; the remaining work to be
done; the amount of time given Mr.
Valencia to comply with the conditions
being in excess of 120 days; that the
railroad cars were not on his property;
trees and shrubbery required to be
planted; that Mr. Valencia could acquire
a performance bond; that the City had an
ongoing problem with the removal of
abandoned cars, etc.
Mr. Lawrence Pera stated that the Council
should build a large barge, fill it with
the cars and dump it out by the
Farollones.
Planning Commissioner Getz stated that
Mr. Valencia was under the same situation
as any businessman coming into this com-
munity with a use permit. He continued,
the guaranty was that he comply with the
City ordinances and use permit conditions.
Mr. Goulding spoke of the years Mr.
Valencia had been in business and stated
that the big thing he was not in
compliance with was the fence and yet he
had no assurance that if he built the
fence he could stay in business.
M/S Haffey/Teglia - To revoke UP-83-657
based on the findings in the Staff Report
and direct the City Clerk to prepare a
minute order.
Carried by majority roll call vote,
Damonte voted no.
Discussion followed on the future abate-
ment of abandoned vehicles; finding
a company that had a large enough site to
store the vehicles; ongoing and future
litigation against Mr. Valencia based
upon the revocation proceedings, etc.
Mayor Addiego declared a recess at 9:35
p.m.
Mayor Addiego recalled the meeting to
order at 9:55 p.m., all Council present.
6/13/84
Page 9
MINUTE ORDER
CITY OF SOUTH SAN FRANCISCO
CITY COUNCIL MEETING
JUNE 13, 1984
Item No. 17.
Staff Report 6/13/84 recommending: 1) Brief
arguments from City Staff and Applicant; 2)
Hear Public Comment; 3) Motion to Revoke Use
Permit UP-83-657 (Anthony Valencia) Based on
Findings; 4) Direct City Clerk to Prepare
Minute Order Setting Forth This Action.
Motion/Second Haffey/Teglia - To revoke Use Permit 83-657
Anthony Valencia based on the following findings; 1) The
applicant has not fully complied with Special Condition
Numbers 1, 2, 4, 5, 8, and 9 of Use Permit UP-83-657; 2)
Because of these various Use Permit violations, the use is
adverse to the public health, safety, and general welfare of
the community and detrimental to surrounding properties and
improvements; 3) The effects of this use have not been ade-
quately mitigated as required by Negative Declaration No.
412; and direct the City Clerk to prepare a Minute Order of
the Council action.
Carried by majority roll call vote, Councilman Damonte voted no.
STATE OF CALIFORNIA ~.. SS.
COUNTY OF SAN MATEO
I, Barbara A. Behave, C{ty CJerk of the c~ o4 Sou~dm Sail ~rall-
cisco, County of San Mafeo, State of California, an ex-offic}o Clerk of
fha City Council thereof, do hereby cattily that the above end for~-
cjo~ng is a full, true and correct copy of
Minute Order of the Regular City
i~.~U~f~.i.] Meeting of 6/13/84 on Item
N...o...,......t...7..... ....................................................................................... -
the original of whlch is on file {n my office, and that J have carefully
compared the same with the or]g{nal.
IN WITNESS WHEREOF I have hereunto set my hand amd the seal of
th, city of South S~n F~nci*co fhis..igt~ay ofj. LLDe I* 8_4--,
BARBARA A. BATTAYA
City Clerk end Ex-offido Clerk of the C~ty Council .el the CJ'b/ of
By .......................... ~
Deputy City C}erk
Minutes
6/13/84
Page 9a
AGE,DA ACTIO, TA E, i27
COMMUNITY DEVELOPMENT
18.
Staff Report 5/23/84 recommending:
1) Motion to waive further reading
of the Urgency Ordinance; 2)
Motion to adopt the Urgency
Ordinance as a moratorium to allow
only single family and second units
generally bounded by Tamarack,
Spruce, Orange and Grand Avenues~-
Continued from 5/23/84. y~I~
1st Reading/Adoption
AN INIERIM ORDINANCE PROHIBITING
USES WHICH MAY CONFLICT WITH ZONING
PROPOSALS RELATED TO GENERAL PLAN
AMENDMENTS
19.
Public Hearing - Appeal of Planning
Commission decision approving a
one-year time extension of
UP-78-440, Modification No. 5, a
155-Unit Residential Project
located along both sides of
Ridgeview Court (Units 5 and 6) in
the Stonegate Ridge Planned
Community Zone District by Kathleen
Allasia.
Staff Report 6/13/84 recommending:
1) Open the Public hearing and hear
testimony; 2) Close the Public
Hearing; 3) Motion to deny the
appeal.
COMMUNITY DEVELOPMENT
City Clerk Battaya read the title of the
Ordinance in its entirety.
M/S Teglia/Damonte - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
M/S Teglia/Damonte - To adopt the Urgency
Ordinance.
ORDINANCE NO. 952-84
Carried by unanimous voice vote.
City Planner Gorny stated that the recom-
mendation was for the Council to deny the
appeal and uphold the decision of the
Planning Commission which granted a one-
year time extension for UP-78-440 (Units
5 and 6) Modification No. 5 to 2/11/85.
He stated that the City Attorney had
determined that the Planning Commission
should not attempt to place any con-
ditions on the extension that would
restrict the transfer of ownership of the
land. He stated that the Commission had
noted that the project would have to be
constructed in accordance with previously
approved plans regardless of who deve-
loped the project in the future. He
stated that an issue had been raised
regarding the need to install temporary
barricades on Ridgeview Court to prevent
loitering in the cul-de-sac and the
Police Department had not made a recom-
mendation for or against the barricade.
Mayor Addiego opened the public hearing
and invited anyone wishing to speak in
favor of the appeal to step to the dais.
Ms. Kathy Allasia, 836 Stonegate Drive,
expressed concern that even though
some modifications were made in
1980 and 1981 to down size the height of
the building had the entire permit been
fully reviewed; has this been reviewed
with the new General Plan for South San
Francisco in that the permit was i~sued
six years ago and may not apply today;
that the other planned Stonegate units do
blend into the hillside and to that
6/13/84
Page 10
AGENDA ACTION TAKEN 128
COMMUNITY DEVELOPMENT
19. Public Hearing - Continued.
COMMUNITY DEVELOPMENT
general mountain area; the two proposed
buildings are going to rise quite a bit
above the skyline and would be visible
all the way over to 280; has the parking
and the traffic been considered; why did
the developer wait five years and ask for
an extension now; if the design was okay
five years ago is it sound today; that
the entire permit should be reviewed to
see if it fits in today with the size and
the scope of what is being planned for
the City; the issue of density; would the
trees be removed in the cluster areas;
existing problems in Stonegate Drive with
junior high school students using the
street as a race track. She concluded by
asking the Council to deny the extension
based on the above stated concerns.
Charles Getz, 845 Ridge Court, stated
that he had the same concerns as those
expressed by Ms. Allasia. He stated that
this permit had been last looked at in
1978 and that in 1982 there was a modifi-
cation request that came before the
Planning Commission and the Commission
had chose to go with the original plan
that had been approved in 1978. He stated
that there had not been a review of the
entire plan at that time - so the entire
plan had not been reviewed in six years.
He stated that the reasons stated in the
letter requesting an extension were
vague, such as technical and financial
and were not in the best interest of the
City. He stated that he was not speaking
against the project necessarily but felt
strongly that the entire project should
be reviewed. He stated that if the one
year extension was granted, it would
mean seven years with nothing happening
on the site and without any descretionary
review of the merits of the project.
Mrs. Doris Agee, 819 Ridge Court, stated
that she today had the same concerns that
she had with the project in 1978. She
stated that she had always found favor
with Unit 4 which was basically townhomes
and the City had been sold on the concept
6/13/84
Page 11
AGENDA ACTION TAKEN
--COMMUNITY DEVELOPMENT
19. Public Hearing - Continued.
COMMUNITY DEVELOPMENT
of Units 5 and 6.based on what had been
seen in phase 4 without a plan being seen
on the proposed two new phases. She
stated that in their two phases the City
was looking at very large buildings, one
containing sixty three units with one and
two bedrooms. She spoke of one and two
bedroom apartments being for families;
the added population in the neigh-
borhood; that the Stonegate complex was
not a suitable environment for small
children; that the area was highly
suitable for the single or married couple
without children. She stated that this
type of development would become rental
units and from the start someone should
be put in charge to manage the units as
rentals.
Mayor Addiego invited those wishing to
speak against the appeal to step to the
dais.
Mr. Ted Batr, representing the owner of
the property, spoke of the two year use
permit that was scheduled to expire in
February of 1984 and the request for a
one year extension to commence construc-
tion. He spoke of the City's ordinance
with the three year specified term for
building and if not built would go back
to the Commission and the Staff for a
review of the use permit. He spoke of
two hearings before the Planning
Commission with input from residents
who had spoken tonight on their concerns
and that Staff and the Commission had
indicated that this would be a quality
project in keeping with phase 4. He
rebutted Mr. Getz's comment that the
phases had not been reviewed since 1978
and spoke of the history of all of the
phases. He strongly urged the Council
to go along with Staff and the Planning
Commission and deny the appeal.
Discussion followed on phase 4 being a
quality product; that the residents felt
that the type of development proposed was
not in keeping with the existing develop-
ment on the hill; that Mr. Sprincin had
6/13/84
Page 12
AGE,DA ACTIO, TAKE,
--COMMUNITY DEVELOPMENT
19. Public Hearing - Continued.
I
COMMUNITY DEVELOPMENT
stated that all phases had to be approved
at the same time in 1978 because they
were all going to be in the same asso-
ciation; that it would take a vote of 75%
of the homeowners in unit 4 to annex 5
and 6 into the same homeowners asso-
ciation; the problem of securing an apart-
ment building with common grounds; that
the problem of maintenance and security
was a prevailing problem throughout the
City in older neighborhoods; that this
was an area where the buildings would
breach the ridge lines by the four stories
contemplated; the problems of maintenance
with a high degree of vacancies; what the
market currently was calling for in
housing structures; the impact of the
four story buildings on the community;
the modification of the plans for the
four story building and parking in 1982;
the allegation that the cul-de-sac was a
cause of burglary in lot four.
Mr. Getz stated that he was not against
the project based upon its merits,
however he had voiced concern in 1982~
while on the Commission, about the modi-
fication on the appropriateness of the
two large buildings breaking the skyline.
He stated that in 1982 a full descre-
tionary review was not made of the deve-
lopment by the Commission and that the
last time it had been approved based upon
its merits had been in 1978.
Discussion followed on the density; the
conditions of the use permit, etc.
Mr. C. N. Chow, Managing Partner of
Bayland, gave a historical background of
the project and argued the merits of the
proposed heights in phases 5 and 6.
Mr. Peter Feinberg, 617 Stonegate, stated
that the area is highly visible from 280
and a high rise on the hillside would not
blend into the neighborhood.
Mayor Addiego declared the public hearing
closed.
6/13/84
Page 13
^GE,DA ACT O, TAKE, ]1 )i
~COMMUNITY DEVELOPMENT
19. Public Hearing - Continued.
20.
Public Hearing - Appeal by owner
and manager of E. B. Motel of
determination made by the
Director of Community Development
and Planning Commission that a
portion of the E. B. Motel busi-
ness, located at 1201 Airport
Boulevard, is an adult entertain-
ment business pursuant to Chapter
20.38 of the Municipal Code and
shall be terminated.
Staff Report 6/13/84 recommending:
1) Open the Public Hearing and hear
testimony; 2) Close the Public
Hearing; 3) Motion to deny the
appeal based on the findings.
COMMUNITY DEVELOPMENT
M/S Teglia/Haffey - To uphold the appeal
of the one-year time extension of
UP-78-440, Modification No. 5 (units 5
and 6) by Kathleen Allasia.
Councilman Damonte stated that in
uphol ding the appeal the Planning
Commission could review the permit and
make sure the development blends into the
neighborhood.
Carried by majority roll call vote,
Nicolopulos voted no.
City Clerk Battaya swore in the following
individuals: City Planner Gorny, Police
Detective McCool, Police Officer Joni Lee
and Bhupenora Patel.
City Planner Gorny gave background infor-
mation which led to the decision to
recommend to the Council that they deny
this appeal and uphold the decision of
Staff and the Commission that a portion
of the E. B. Motel is an entertainment
establishment and as such must be ter-
minated pursuant to the Municipal Code.
(A verbatim transcript is on file in the
City Clerk's Office for public perusal
and as a permanent record of the office.)
Police Detective McCool read his police
report of 6/8/84 wherein he and Officer
Joni Lee investigated the E. B. Motel on
Airport Boulevard and arrived in an
unmarked car. He continued, a hotel room
was booked and the couple witnessed x-
rated movies on Channel 3, without
advanced warning of the existence of
movies depicting various sexual actS.
Mayor Addiego declared the Public Hearing
open and invited those wishing to speak
in favor of the appeal to step to dais.
Douglas Gillies, Esq., representing the
owners and managers of the E. B. Motel,
stated that the basis of his client's
appeal was essentially a constitutional
6/13/84
Page 14
AGENDA ACTION TAKEN
--COMMUNITY DEVELOPMENT
20. Public Hearing - Continued.
COMMUNITY DEVELOPMENT
argument and that the Ordinance is not
consistent with the constitutions of the
State of California and the United
States. He spoke in detail: to the
effect that no legislative body could
regulate free speech; the contents of
material called "adult material" as
defined in the Ordinance; zoning areas
where adult entertainment can take place;
and cited court cases on adult entertain-
ment facilities, etc.
Mr. Patel stated that he had managed the
motel since 1980, and spoke of the TV
security that did not allow people to
tape the movies. He stated that the
Channel 3 x-rated movies were controlled
by his office and the care he took to
scrutinize the people checking in and out
of the motel.
Discussion followed: that a VCR was in
the office that controlled the movies in
each motel room; four-hour room rates;
whether supplying the x-rated movies was
illegal; and whether the City could regu-
late the zones this type of business
could operate wi thin.
Douglas Gillies, Esq., stated that he had
never seen a case which touched on the
issues raised by this case, which is pri-
vacy - can the government determine the
content of speech or anything else that
is going on in a private bedroom. He
stated that his client used the control
function on the VCR in order to prevent
minors from watching adult material.
Mayor Addiego invited those wishing to
speak in opposition to the appeal to step
to the dais.
Ms. Kathleen Allasia stated that if the
motel was showing or offering adult
entertainment then that business had the
choice to move the motel or go out of
business.
Mayor Addiego declared the Public Hearing
6/13/84
Page 15
AGENDA ACTION TAKEN
COMMUNITY DEVELOPMENT
20. Public Hearing - Continued.
FINANCE
21.
Staff Report 6/13/84 recommending
adoption of a Resolution with
authority to proceed with the
parcelization and authority to
dispose of property on South
Spruce Avenue.
A RESOLUTION AUTHORIZING
PARCELIZATION AND DETERMINING FAIR
MARKET VALUE OF SURPLUS REAL
PROPERTY TO BE SOLD AT PUBLIC SALE,
CALLING FOR SEALED PROPOSALS, PRO-
VIDING FOR METHOD OF SALE, ESTAB-
LISHING TERMS AND CONDITIONS
RELATED THERETO, AND AUTHORIZING
EXECUTION OF A GRANT DEED THEREFOR
(A.P. 014-051-090) SOUTH SPRUCE
AVENUE AND NORTH CANAL STREET
22.
Staff Report 6/13/84 recommending
adoption of a Resolution to enter
into a two year lease agreement
with John J. Susa for the use of
his garage located at 438 Third
Lane.
A RESOLUTION AUTHORIZING EXECUTION
OF A TWO YEAR LEASE AGREEMENT WITH
JOHN A. SUSA FOR CITY'S USE OF
PUBLIC SERVICES
23.
Public Hearing - Confirm the state-
ment of the cost for the demolition
COMMUNITY DEVELOPMENT
closed.
M/S Haffey/Teglia - To deny the appeal
based on the findings.
Carried by unanimous voice vote.
FINANCE
M/S Teglia/Haffey - To adopt the
Resolution.
RESOLUTION NO. 80-84
Carried by unanimous voice vote.
The item was continued after item 30.
City Manager Birkelo stated that even if
a determination on the Municipal Services
Building or Corporation Yard might be
more suitable for this type of activity,
the two year lease would give the City
the time needed for permanent storage.
Councilwoman Teglia stated that in the
long run she wanted an in-house location
at the end of two years.
M/S Haffey/Damonte - To adopt the
Resolution.
RESOLUTION NO. 81-84
Carried by unanimous voice vote.
PUBLIC SERVICES
Mayor Addiego declared the public hearing
open.
6/13/84
Page 16
AGENDA ACTION TAKEN
PUBLIC SERVICES
23. Public Hearing - Continued.
and disposal of the existing
structure at 2310 Olympic Drive.
Staff Report 6/13/84 recommending:
1) Open the Public Hearing and hear
testimony; 2) Close the Public
Hearing; 3) Adoption of a
Resolution.
A RESOLUTION CONFIRMING THE
STATEMENT OF EXPENSES IN THE MATTER
OF THE ABATEMENT OF THE BUILDING AT
2310 OLYMPIC DRIVE, SOUTH SAN
FRANCISCO, CALIFORNIA, A PUBLIC
NUISANCE
24.
Staff ~eport 6/13/84 recommending:
1) Motion to waive further reading
of the Ordinance; 2) Motion to
adopt the Ordinance amending the
Uniform Building code.
2nd Reading/Adoption
AN ORDINANCE AMENDING EXHIBIT "A"
TO SECTION 7007 OF THE UNIFORM
BUILDING CODE AS AMENDED BY
SECTION 15.08.165 OF THE SOUTH SANy,
FRANCISCO MUNICIPAL CODE
25.
Staff Report 6/13/84 recommending
adoption of a Resolution of award
of contract for the Geotechnical
Consultant Contract with Dames &
Moore in connection with the
Terrabay Development.
A RESOLUTION AUTHORIZING EXECUTION
OF A GEOTECHNICAL ENGINEERING
CONSULTANT SERVICES AGREEMENT
PUBLIC SERVICES
Mayor Addiego stated that this was a
hearing for the owner of the property or
any other affected person to come forward
and speak on the costs of demolition -
there being none he closed the hearing.
M/S Teglia/Haffey - To adopt the
Resolution
RESOLUTION NO. 82-84
Carried by unanimous voice vote.
City Clerk Battaya read the title of the
Ordinance in its entirety.
M/S Haffey/Damonte - To waive further
reading of the Ordinance.
Carried by unanimous voice vote.
M/S Haffey/Damonte - To adopt the
Ordinance.
ORDINANCE NO. 953-84
Carried by unanimous voice vote.
Director of Public Services Yee stated
that Items 25 and 26 are related to
Terrabay. He stated that many con-
sultants had been interviewed and that
the firm of Dames & Moore were known all
over the world and were willing to do the
work on the soils aspect. He stated that
he had discussed the funding with Mr.
Dean and he was willing to reimburse the
City for the costs involved.
M/S Damonte/Haffey - To adopt the
Resolution.
RESOLUTION NO. 83-84
Carried by unanimous roll call vote.
6/13/84
Page 17
AGENDA ACTZON TAKEN i45
PUBLIC SERVICES
26.
Staff Report 6/13/84 recommending
adoption of a Resolution of award
of contract for the Civil
Engineering Consultant Contract r,~
with Wilsey & Ham in connectional
with the Terrabay Development. ~}v-
A RESOLUTION AUTHORIZING EXECUTION
OF A CIVIL ENGINEERING CONSULTANT
SERVICES AGREEMENT (TERRABAY)
ITEMS FROM STAFF
27.
Report on Window Washing Services
at various City buildings. 6) ,~
28. Consideration of joint marketing
program agreements.
ITEMS FROM COUNCIL
29.
Staff Report recommending by Motion
approval of various items for the
Civic Center Renovation Project No.
30.
Report from City/School liaison in
reference to the bungalo school
bull ding. ~) Ok ~
PUBLIC SERVICES
M/S Teglta/Damonte - To adopt the
Resolution.
RESOLUTION NO. 84-84
Carried by unanimous voice vote.
ITEMS FROM STAFF
City Manager Birkelo gave a report which
recommended reducing the frequency of the
window washing to bring the cost to a
lower rate which could be reviewed again
mid-year for service.
M/S Haffey/Damonte - To accept the recom-
mended schedule.
Carried by unanimous voice vote.
Continued to 6/27/84.
ITEMS FROM COUNCIL
Mayor Addiego stated that there was con-
fusion from the June 5, 1984 meeting on
the scope of work to save the building.
Councilman Damonte asked if Items I and 2
hadn't been approved.
Director of Public Services Yee stated
that Staff would come back at the Capital
Improvement Budget on this item and
stated that the confusion arose on
whether the reception area was to be on
the City Clerk's side or Planning's
side of the building.
Continued to the adjourned meeting of
6/20/84.
Vice Mayor Haffey stated that the School
District Staff was recommending that the
bungalo be demolished due to the fact
that the return from the insurance was
not significant for restoration and
6/13/84
Page 18
AGENDA ACTION TAKEN
-- ITEMS FROM COUNCIL
30.
Report from City/School liaison in
reference to the bungalo school
building - Continued.
FINANCE
21.
Staff Report 6/13/84 recommending
adoption of a Resolution with
authority to proceed with the
parcelization and authority to
dispose of property on South ,?~
Spruce Avenue. 0~i
A RESOLUTION AUTHORIZING
PARCELIZATION AND DETERMINING FAIR
MARKET VALUE OF SURPLUS REAL
PROPERTY TO BE SOLD AT PUBLIC SALE,
CALLING FOR SEALED PROPOSALS, PRO-
VIDING FOR METHOD OF SALE, ESTAB-
LISHING TERMS AND CONDITIONS
RELATED THERETO, AND AUTHORIZING
EXECUTION OF A GRANT DEED THEREFOR
(A.P. 014-051-090) SOUTH SPRUCE
AVENUE AND NORTH CANAL STREET
ITEMS FROM COUNCIL
Vice Mayor Haffey:
ITEMS FROM COUNCIL
spoke of expenses: $72,000 - cost for
renovation; $36,000 - received from
insurance carrier; $10,000 - to demolish;
City had made a commitment which had
not been fully explored by the District.
Councilwoman Teglia stated that the
School Di strict was will lng to pl edge
$10,000 and that the City would pledge
one half of the project cost.
Mayor Addiego asked the City Attorney if
the interim ordinance could allow the
building to be preserved and what the
City's position was on the item.
City Manager Birkelo stated that the
question is whether they need a demoli-
tion permit on their property.
Councilwoman Teglia stated that the
City's wishes in this matter should be
communicated to the School District for
their next meeting.
FINANCE
City Manager Birkelo explained that the
Purchasing Officer indicated that the
12th of September rather than the 29th
day of August was needed to open bids.
Vice Mayor Haffey rescinded his second to
the motion to adopt the Resolution.
M/S Haffey/Teglia - To adopt the
Resolution with the date change.
RESOLUTION NO. 80-84
Carried by unanimous voice vote.
ITEMS FROM COUNCIL
Stated that $100,000 of HCDA funds from
the Board of Supervisors would be allo-
cated for the renovation of the Spruce
Gym.
6/13/84
Page 19
AGENDA ACTION TAKEN
ITEMS FROM COUNCIL
Councilwoman Teglia:
Vice Mayor Haffey:
GOOD AND WELFARE
CLOSED SESSION
31.
Closed Session for the purpose of
the discussion of personnel mat-
ters, labor relations and litiga-
tion.
ADJOURNMENT
32.
Request to adjourn the meeting to
Wednesday, 6/20/84, at 7:00 p.m.
at the City Council Conference
Room at City Hall, 400 Grand
Avenue, for review of the Capital
Improvement Budget. ~~
147
ITEMS FROM COUNCIL
Requested that the review of the status
of Council Goals and Objectives be agen-
dized for 6/27/84.
Stated that Staff Reports show all options
under action, i.e., approve, deny, etc.
Councilman Damonte explained that all the
arguments are slanted in the direction of
Staff recommendations.
City Manager Birkelo requested that the
meeting be adjourned to Tuesday, June 19,
1984, at 5:00 p.m. for the discussion of
Unit 1 labor negotiations and performance
pay plan.
GOOD AND WELFARE
Doris Agee, 819 Ridge Court, suggested
that the Design Review Board, Planning
Commision and City Council have a joint
meeting.
Mr. Lawrence Pera, 758 Baden Avenue,
expressed the following concerns: sewers
are still clogged up; City lights are
messed up; and that net fishing should be
stopped. He urged everyone to go and
vote and stated that he was running for
President of the United States.
CLOSED SESSION
Mayor Addiego stated that there were no
items to be discussed under Closed
Session.
M/S Teglia/Damonte - To adjourn the
meeting to 6/19/84, at 5:00 p.m., in the
City Council Conference Room, City Hall,
400 Grand Avenue, South San Francisco,
California for the discussion of Unit 1
labor negotiations and performance pay
plan and adjourn that meeting to 6/20/84
at 7:00 p.m. at City Hall.
Carried by unanimous voice vote.
6/13/84
Page 20
AGENDA ACTION TAKEN
ADJOURNMENT:
The meeting was adjourned at 12:13 a.m.
RESPECTFULLY SUBMITTED,
APPROVED:
ra A. Battaya,
City of South San Francisco
City of South San Francisco
The entries of this Council meeting show the action taken by the City Council to dispose
of an item. Oral communications, arguments, and comments are recorded on tape. The tape
and documents related to the items are on file in the Office of the City Clerk and are
available for inspection, review and copying.
6/13/84
Page 21